R. Suresh Kumar, J.

The prayer in this writ petition is to direct the respondents to declare that the petitioner's land comprised in Survey Nos. 509, 510, 511/1, 514, 515, 520, 521 and 522 at No.28, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore, is deemed to be released from the reservation of Section 38 of Town and Country Planning Act and consequently direct the respondent to pass an appropriate orders for release of petitioner's land comprised in Survey Nos. 509, 510, 511/1, 514, 515, 520, 521 and 522 at No. 28, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore.

2. The short facts leading to the filing of this case are as follows :

The petitioner is the absolute owner of the property comprised in Survey Nos. 509, 510, 511/1, 514, 515, 520, 521 and 522 at No.28, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore. During the year 1990, a Town Planning Scheme was prepared for Coimbatore Urban area and the town planning authorities have ear-marked a portion of the petitioner's land comprised in Survey Nos. 509, 514, 515, 520, 521 and 522 at No.28, Uppilipalayam Village, Coimbatore South Taluk, Coimbatore for formation of 80 feet AA proposed Scheme road and another 60 feet BB proposed scheme road comprising of Survey Nos. 509, 510 and 511/1.

3. In view of the said scheme prepared in the year 1990, it was stated that the said land would be acquired by the respondent as provided under the provision of Chapter IV of Town and Country Planning Act 1971 (herein after referred to as Act). However, the Government had not taken any steps to acquire the land. It is also informed to the petitioner that the proposal to form the road has not been given effect to or implemented. It was also informed that under Section 25 of the Act, the town planning authority should have obtained approval from the Government within three years from the date of the publication of the scheme but they have not done so. Therefore, the Government after having prepared the master plan for Coimbatore local planning area and issued the same in the Gazette notification in G.O.Ms.No.661, Housing and Urban Development (UDIV) Department, dated 12.10.1994 has not done anything. In the said G.O.Ms.No.661, the following orders are passed:

"In the G.O.Ms.No.963, Housing and Urban Development Department, dated the 14th July, 1987, the Government have given their consent to the Coimbatore Local planning Authority to the publication of a notice of the preparation of the master plan for Coimbatore Local Planning Area.

2. Under Section 28 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby approves the Master Plan for Coimbatore Local Planning area submitted by the Director Town and Country Planning. The Government permit the delay of 1189 days in the preparation of the Master plan and convening a meeting of the local planning authority. Copies of the Master Plan for Coimbatore Local planning area as approved by the Government are communicated to the Director of Town and Country Planning.

3. The following Notification will be published in the next issue of the Tamil Nadu Government Gazettee:-

Notification

In exercise of the powers conferred by sub-section (1) of Section 30 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu 28 of the said Act for the Master Plan of Coimbatore Local Planning area submitted by the Director of Town and Country Planning.

2. The Master Plan for Coimbatore Local Planning Area with all its enclosures shall be kept open to the inspection of the publish in the Office of the Member-Secretary, Coimbatore Local Planning Authority, Coimbatore Corporation Compound, Coimbatore-1, during office hours."

4. Though such a notification was issued under Section 30 of the Act, no follow-up action of acquisition has been